Series 105 2004 ORDINANCES/RESOLUTIONS
Section 105-614; Ord. 18317; Declaring the need to acquire land for storm water control purposes; authorizing acquisition by negotiation or, if necessary, by condemnation
Bill No. B 377-04
declaring the need to acquire land for storm water control purposes; authorizing acquisition
negotiation or, if necessary, by condemnation; authorizing the City Manager to obtain and
execute all instruments necessary for acquisition of such land; and fixing the time when this
ordinance shall become effective.
WHEREAS, the Constitution and Statutes of the State of Missouri
and the Home Rule Charter
for the City of Columbia, Missouri, authorize the City Council to exercise the power of eminent
domain, within or without the City, and among other things, to acquire, and maintain any
property, real or personal within or without the City for all public uses or purposes, and to
acquire, receive and hold any estate or interest in any such property; and
WHEREAS, the Council deems it necessary for the welfare and
improvement of the City and
in the public interest that certain private property be acquired by negotiation or by condemnation
for public improvement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
COLUMBIA, MISSOURI, AS FOLLOWS:
SECTION l. The City Council hereby declares the need to
acquire in fee simple the following
described land for storm water control purposes:
Project: Merideth Branch Detention Basin (78-12-01)
A tract of land located in the Southeast Quarter of Section 20, Township 48 North, Range
West in Columbia, Boone County, Missouri being a portion of Lot 1 of Daniel Boone Little
League Subdivision as recorded in Plat Book 35, at Page 6 of the Boone County Records and
being further described as follows:
Beginning at the northeast corner of Lot 59 of Stonecrest, Plat No. 2 as recorded in
Plat Book 35
at Page 37 of said county records; thence N 03E41'40"W, 190.30 feet to the limits of a storm
water impoundment easement as shown by said Final Plat recorded in Plat Book 35 at Page 6;
thence with the limits of said easement N 70E48'40"W, 238.68 feet; thence leaving said easement
S 27E32'50"W, 128.02 feet to a point on the boundary of said Stonecrest, Plat No. 2; thence with
said boundary S 62E27'10"E, 334.84 feet to the point of beginning and containing 0.97 acres.
This tract may be subject to easements and restrictions of record.
SECTION 2. The City Manager is authorized to acquire the
land described in Section 1 by
SECTION 3. The City Manager is authorized to obtain, execute
and record all deeds and other
instruments necessary to acquire the land described in Section 1.
SECTION 4. If the City cannot agree with the owners, or
those claiming an interest in the land
described in Section 1, on the proper compensation to be paid for such land, or if the owner is
incapable of contracting, is unknown, or cannot be found, or is a non-resident of the State of
Missouri, the City Counselor is authorized to petition the Circuit Court of Boone County,
Missouri, to acquire the land described in Section 1 by condemnation.
SECTION 5. This ordinance shall be in full force and effect
from and after its passage.
PASSED this 15th day of November, 2004.